HomeMy WebLinkAbout01 - 10-24-00November 14, 2000
Agenda Item No. 1
CITY OF NEWPORT BEACH
City Council Minutes
Study Session DRAFT
October 24, 2000 - 5:00 p.m. INDEX
Present: Thomson, Glover, Adams, Ridgeway, O'Neil, Mayor Noyes
Absent: Debay (excused)
Due to mechanical problems with the recording equipment, the following
Study Session minutes is a recap of the actions /discussions that took place.
1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR
City Clerk Harkless clarified that the proposed ordinances for Agenda Item
No. 4 (Modification to Adult Entertainment Ordinance) and Agenda Item
No. 5 (Amendments to NBMC Section 12.56 Regarding Bicycles) would
become effective 30 days after adoption.
2. BUILDING AND PLANNING PLAN CHECK ACTIVITY AND
STAFFING UPDATE.
Council Member O'Neil stated that he was contacted by an architect who
was complaining that he had to take a number and wait in line for an
extended period of time to pick up plans. Council Member Ridgeway added
that people coming in to view microfilm records had the same experience
and, since the Building Department greets everyone who comes in,
individuals seeking planning information may wait awhile before being
served. Building Director Elbettar indicated that they monitor the time
customers wait and changed the system from numbers to a written log which
enables people to list the purpose of the visit. He stated that any staff
looking at the log scans it to see if anyone is waiting for Planning staff and
directs them to the Planning counter. He added that a change was
implemented a week ago which utilizes two sign in sheets, one for small
tasks such as picking up plans and one for permit issuance and plan
submittals.
Mr. Elbettar reviewed the Building Department's activity history as outlined
in the staff report and emphasized that, for the past four years, the plan
check workload has been at an all time high due to the higher customer
service demand at the permit counter and the departure of one of the
engineers. He added that, in conjunction with the reorganization of the
Marine Division in July 2000, the Building Department also assumed
responsibility for the plan check and record keeping for construction within
the Harbor. He stated that, while the Building Department target
turnaround time is three weeks, it has fallen to 4.5 weeks which is closer to
the Planning Department's turnaround time of 6 to 7 weeks.
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Building and
Plan Check
Activity and
Update (26)
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Study Session Minutes
October 24, 2000
INDEX
Mr. Elbettar reviewed the measures that have been taken to keep up with
the increased workload. He explained that the department hired four plan
check consultants for overflow plan checks, but noted that customers prefer
that their drawings be checked in -house and prefer dealing with familiar
City staff. He reported that the department has also used the expedited plan
check service to check small projects like additions and alternations.
However, since this service has been popular with the rise in construction
activity, they have not been able to accommodate every request. He stated
that the engineers have also been authorized to work overtime on regular
plan checks to keep up with the workload. Further, since the Building
Department plan check is done about two weeks before the Planning
Department plan check, they resorted to releasing their corrections before
the Planning Department's so customers can work on resolving these
corrections while the planning plan check is in progress. While this measure
helped customers, it created additional customer service work at the permit
counter.
Mr. Elbettar reported that the annexation of Newport Coast, Bay Knolls, and
Santa Ana Heights will increase the City's building stock by 15 %. Due to the
sustained high construction activity and the discontent of our customers with
plan check consultants, the Building Department proposed during the budget
process that the previously cancelled grading engineer position be filled by a
plan check engineer position. Filling this plan check engineer position and
restoring the number of plan check engineers to four is necessary even when
the volume of construction neutralizes since the Building Department is also
doing the plan checks for fire alarms, fire sprinklers, and harbor construction.
Mr. Elbettar stated that, in addition to the customer service enhancements
outlined in the staff report, staff also conducts standard plan sheets for
window replacements, fences, and drainage work; has an overnight mail
back service; conducts one week turnaround plan checks for tenant
improvements; provides a counter computer for public access; conducts
preliminary code reviews; includes image attachments to complaints in the
permit system; has a call back program for inspections; and utilizes cell
phone communication between contractors and inspection staff.
In response to Council questions regarding the back log and the reasons why
it takes so long to process plans, Mr. Elbettar stated that construction
activity has increased over the last three years and staff is under pressure to
fulfill the commitments they have made. He indicated that adding
consultants does not provide a complete relief since staff still has to process
plans and answer questions at the counter.
Planning Director Temple reviewed the staff report and explained that the
public service counter is the citizen's first source of information for zoning
regulations and project compliance. She noted that plans are more complex
than in prior years; and requirements, conditions of approval, and
environmental mitigation measures attached to discretionary permits has
increased. This has significantly increased the time it takes to complete plan
checks for most projects.
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Ms. Temple acknowledged that the plan check turnaround time in the
Planning Department has been running about 7 weeks for some time. She
stated that this is not acceptable, either to our customers who should be able
to expect timely service, or to the staff who is motivated to provide both
timely and high quality service. Because of this, the Planning Department is
requesting Council consideration to add an additional full-time staff position
for the plan check function.
Ms. Temple also recommended that consideration be given to adjusting the
recovery rate to 100% rather than 50% of the fully loaded hourly rate for
providing plan check services. This would offset a significant portion of the
cost of the additional plan check position. She added that most planning and
community development departments in the region charge an hourly rate for
planning services which allows them to recover a higher percentage of the
cost.
Following discussion, Council directed staff to bring back a report at the next
regular meeting that would add Planning Department staff and
modifications to the ordinance regarding the percentage of the rate of
recovery for plan check services.
3. STUDY SESSION ON CABLE TELEVISION AND
TELECOMMUNICATIONS.
Deputy City Manager Kiff pointed out that staff is recommending that
Council form an ad hoc committee on cable television and
telecommunications to address the issues and accomplish the tasks outlined
in the staff report.
Mr. Kiff reported that the municipal code relating to telecommunications is
outdated and requires significant amendments before the City can enter into
any effective franchise agreement or use permit with providers of cable
television or wireless communication. He indicated that both the Comcast
and Cox franchise agreements expire on January 27, 2002, and that the
existing agreements, from about 1966, contain information and
requirements that may have been superceded by Federal action in 1996. He
indicated that the ad hoc committee should work with staff to update the
City's cable television ordinance and create a separate telecommunications
ordinance that addresses wireless services, street encroachment fees, City
infrastructure use fees, and sites for antennas.
Mr. Kiff reported that the Comcast and Cox franchise agreements will also
need renegotiating once the ordinances are adopted. He pointed out that
other cities have told them that it is "virtually impossible" to deny a
franchise agreement to an existing provider who seeks a renewal unless the
provider has seriously compromised service or has demonstrated an inability
to provide the level of service expected by the community. He added that the
cable lines, amplifiers, node infrastructure, etcetera (also known as the
"plant ") that are in streets and on telephone wires are the property of the
cable company, not the City. He emphasized that an important part of any
franchise renewal is the preparation of a Community Needs Assessment. A
Needs Assessment is an analysis, based on extensive public input, of the
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INDEX
Cable TV and
Telecommunications
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City of Newport Beach
Study Session Minutes
October 24, 2000
television, high -speed data, service standard, and cable - related
telecommunications needs of the community. The City needs to begin
planning and convening this Needs Assessment right away so that it is
completed in time for franchise renewal talks.
Mr. Kiff reported that Comcast will soon be leaving Southern California
after swapping its local customer base with Adelphia Communications.
Therefore, residents in about 2 /3rds of Newport Beach will have a new cable
television provider. He indicated that they plan to inquire with
Comcast/Adelphia as to Adelphia's plans to communicate the transfer of
service from Comcast. Further, they also plan to direct Comcast/Adelphia to
provide critical information about pending transfers to subscribers in a
timely manner, including local phone numbers and bill payment/service
office information. ,
Mr. Kiff reported that residents have seen a series of significant cable rate
increases and that they have been higher in recent years than the rate of
inflation. He noted that there has been non - existent or modest price
increases on the Limited Basic Tier (LBT) of channels (typically Channels 2
to 13) and indicated that local governments retain the ability to regulate this
tier. He reported that, with the Cable Programming Services Tier (CPST)
rate deregulation in March 1999, the City has no direct authority to review
or regulate CPST rates. Mr. Kiff recommended that the ad hoc committee
explain the City's regulatory ability, or lack thereof, to the community
through the Community Needs Assessment process. Further, the ad hoc
committee should also develop a Council policy relating to the manner in
which the City reviews and approves requests for telecommunications
infrastructure easements.
PUBLIC COMMENTS - None.
ADJOURNMENT - 6:00 p.m.
The agenda for the Study Session was posted on October 18, 2000, at
3:20 p.m. on the City Hall Bulletin Board located outside of the City of
Newport Beach Administration Building.
City Clerk
Recording Secretary
Mayor
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INDEX
CITY OF NEWPORT BEACH
City Council Minutes DRAFT
Regular Meeting
October 24, 2000 - 7:00 p.m.
INDEX
- 6:00 p.m. [Refer to separate minutes]
CLOSED SESSION - 6:00 p.m.
CLOSED SESSION REPORT PRESENTED - None.
RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
ROLL CALL
Present: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes
Absent: None
Pledge of Allegiance - Council Member Debay.
Invocation by Chief Chaplain George R. Vogel, VA Medical Center of Long
Beach.
Presentation of Proclamation by Mayor Noyes to thirteen - year -old Marlo
Sciarra, designating her as a special citizen of Newport Beach. Ms. Sciarra
was recently named National Champion for her age group in water ski
racing. Ms. Sciarra's parents were also present for the presentation.
CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL
MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR
DISCUSSION. ACTION OR REPORT (NON- DISCUSSION ITEM):
• Mayor Noyes thanked Congressman Chris Cox for enabling a bill to pass
through the House that will allocate $21 million to the Back Bay for dredging
over the next twenty years. He stated that the bill still has to pass through the
Senate and be signed by the President. Mayor Noyes also acknowledged
Supervisor Tom Wilson for his role in working with Congressman Cox and his
lobbying efforts.
• Council Member Ridgeway pointed out that the $21 million is for the Federal
portion of the super dredging that will take place in two years.
• Mayor Noyes announced that the Upper Newport Bay Interpretive Center
opened on October 14, 2000. He commended the County for the construction of
the facility, which was done in such a way as to be sensitive to the residents and
the environment.
• As a follow -up to some comments made by Council Member O'Neil recently
regarding criticism of the City Council and the way the City is being run, Mayor
Pro Tern Adams stated that he is deeply troubled that Measure S, the Greenlight
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City Council Minutes
October 24, 2000
initiative, may pass on November 7, 2000. He stated that he agrees with the
intent of the measure to limit traffic and density in the City, but that it is not the
right way to accomplish those things. He stated that it is bad law and could be
destructive to the City over time. Mayor Pro Tem Adams explained that the
measure deals with the general plan amendment process, a process that is
governed by the City Charter, City codes and the California Environmental
Quality Act, as well as provisions and approval of the Coastal Commission. He
stated that the process is arduous and equitable, and involves a tremendous
amount of public participation. He pointed out that the measure has the
potential to discourage participation in the process, because people will assume
that a project will go to a vote of the people anyway. He added that the measure
cannot stop the Dunes project. Mayor Pro Tem Adams stated that another
problem with the measure is that it allows land use decisions to be influenced by
the forces that take place in a political campaign. He concluded by stating that
the general plan tool is important to cities, but may need to be amended as
property owners make investments. Mayor Pro Tem Adams stated that Measure
S could have a stagnating effect on the City.
• Council Member Thomson pointed out that no single council member speaks for
the entire City Council, except for the Mayor and only when authorized by the
Council. He did, however, encourage everyone to. vote in the elections on
November 7, 2000.
CONSENT CALENDAR
READING OF MINUTES/ORDINANCES AND RESOLUTIONS
1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR
MEETING OF OCTOBER 10, 2000. Waive reading of subject minutes,
approve as written and order filed.
2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in
full of all ordinances and resolutions under consideration, and direct City
Clerk to read by title only.
RESOLUTION FOR ADOPTION
3. Item removed from the Consent Calendar by City Manager Bludau.
ORDINANCES FOR INTRODUCTION
4. MODIFICATION TO ADULT
Introduce Ordinance No. 2000 -21
November 14, 2000. If adopted, or
days from the date of adoption.
ENTERTAINMENT ORDINANCE.
and pass to second reading on
dinance would become effective thirty
5. Item removed from the Consent Calendar by a member of the
audience.
ORDINANCES FOR ADOPTION
6. ORDINANCE ADDING CHAPTER 3.33 TO THE NEWPORT BEACH
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INDEX
Ord 2000 -21
Adult Entertainment
(27)
Ord 2000 -17
City of Newport Beach
City Council Minutes
October 24, 2000
INDEX
Volume 53 - Page 649
MUNICIPAL CODE ENACTING AN ASSESSMENT DISTRICT
Assessment District
ALTERNATIVE PROCEDURAL CHAPTER. Adopt Ordinance
Alternative
No. 2000 -17 adding Chapter 3.33 to the NBMC giving the City authority to
Procedures
assess leased property.
(89)
7.
GPA 99 -3(C), ZONING AMENDMENT NO. 902 (PC NOS. 52 AND 53),
Ord 2000 -18 /Ord 2000 -19
AND DEVELOPMENT AGREEMENT NO. 14: REVIEW OF A
GPA 99 -3(C) /PCA 902/
PROPOSED GENERAL PLAN AMENDMENT, PREZONING, AND
C -3382
DEVELOPMENT AGREEMENT NECESSARY TO PROVIDE FOR
Development
ANNEXATION OF THE NEWPORT COAST/BIDGE AREA TO THE
Agreement 14/
CITY. 1) Adopt Ordinance No. 2000 -18 approving Zoning Amendment
Newport Coast/Ridge
No. 902 (PC Nos. 52 and 53); and 2) adopt Ordinance No. 2000 -19 approving
Area Annexation
Development Agreement No. 14.
(21/38/45)
8.
MARINER'S MILE STRATEGIC VISION AND DESIGN FRAMEWORK
Ord 2000 -20 /PCA 906
- AMENDMENT NO. 906. Adopt Ordinance No. 2000 -20 (Amendment
Mariner's Mile
No. 906).
(94)
CONTRACTS AND AGREEMENTS
9.
2ND EXTENSION TO LEASE AGREEMENT WITH AMERICAN
C -1772
LEGION POST 291. Authorize the Mayor to enter into a 2nd Lease
American Legion
Amendment that extends the current operating lease with the American
Lease Agreement
Legion Post 291 for the marina and clubhouse at 215 15th Street for one
(38)
additional year to March 15, 2002.
10.
Item removed from the Consent Calendar by a member of the
audience.
11.
CITY HALL ELECTRICAL AND AIR CONDITIONING UPGRADES
C -3318
(C -3318) - APPROVAL OF CHANGE ORDER. 1) Approve the revised
BA -010
plans and specification for the project; 2) approve a $20,000 change order to
City Hall
Bay Shore Electric to change the existing electrical panel installation from a
Electrical &
single -phase system to a three -phase system, and install additional panels as
Air Conditioning
required by the Building Department; and 3) approve a budget amendment
Upgrades
(BA -010) to appropriate $20,000 from the unappropriated General Fund
(38140)
balance to Account No. 7011- C3120363 to cover the cost of the change order.
12.
Item removed from the Consent Calendar by a member of the
audience.
13.
POLICE DEPARTMENT MISSION CRITICAL SYSTEMS MASTER
C -3380
MAINTENANCE AGREEMENT. Authorize the City Manager to approve
Police Department
and execute the Master Maintenance Agreement between PRC Public Sector,
Computer Aided
Inc. and the Police Department for a Computer Aided Dispatch System and
Dispatch/Records
Records Management System (hardware and software), for a period covering
Management Systems
March 16, 2000 through June 30, 2005.
(38)
14.
Item removed from the Consent Calendar by a member of the
audience.
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INDEX
V AV 11V 1 \V
15.
PLANNING COMMISSION AGENDA FOR OCTOBER 19, 2000.
Planning Commission
Receive and file.
(68)
16.
BUDGET AMENDMENT FOR THE PURCHASE OF A NEW FILING
BA -007
SYSTEM. Approve BA -007 transferring $26,000 from the General Fund
Human Resources
fund balance to the City Manager -Human Resources capital outlay account,
Filing System
0320 -9000.
(40/66)
17.
BUDGET AMENDMENT (BA -009) IN THE AMOUNT OF $50,000.60 - A
BA -009
DEPOSIT OF A DONATION OF $37,255 FROM THE NEWPORT
Library Donation
BEACH PUBLIC LIBRARY FOUNDATION AND A TRANSFER OF
(40/50)
$12,7456.60 PREVIOUSLY RECEIVED FROM THE NEWPORT
BEACH PUBLIC LIBRARY FOUNDATION THAT WAS HELD OVER
FROM THE 2000 DISTINGUISHED SPEAKER LECTURE SERIES,
TO BE USED FOR THE 2001 DISTINGUISHED SPEAKER LECTURE
SERIES. Approve BA -009.
18.
Item removed from the Consent Calendar by a member of the
audience.
19.
GENERAL PLAN UPDATE COMMITTEE RECOMMENDATION ON
General Plan Update
AIRPORT AREA PLANNING. Direct the committee and staff to include
(68)
the Airport Area in the Citywide General Plan update, and to prepare a
specific plan for the Airport Area concurrently with the General Plan update.
20.
Item removed from the Consent Calendar by a member of the
audience.
Motion by Mayor Pro Tern Adams to approve the Consent Calendar,
except for those items removed (3, 5, 10, 12, 14, 18 and 20), and noting the
clarification by City Clerk Harkless of the effective date for Item Nos. 4 and
5.
The motion carried by the following roll call vote:
Ayes: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes
Noes: None
Abstain: None
Absent: None
ITEMS REMOVED FROM THE CONSENT CALENDAR
3.
REVISIONS TO RESOLUTION NO. 98 -17 REGARDING
Res 2000 -90
ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY
EQAC
COMMITTEE.
(24)
Assistant City Manager Wood suggested that a change in the language be
made to Section C of the rules. She explained that the council members do
not have a vote and, therefore, should not be counted towards a quorum.
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October 24, 2000
Motion by Mayor Noyes to adopt Resolution No. 2000 -90 to amend the
membership, rules and purpose and responsibilities of the committee, noting
the change in Rule C to read, "A quorum shall consist of a majority of the
active members of the Committee, not counting the Council Members ".
The motion carried by the following roll call vote
Ayes: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes
Noes: None
Abstain: None
Absent: None
6. AMENDMENTS TO MUNICIPAL CODE SECTION 12.56 - BICYCLES -
REGISTRATION AND REGULATIONS.
City Manager Bludau stated that the item was placed on the agenda at the
request of Council Member Ridgeway, due to his concern about pedicabs on
the boardwalk. City Manager Bludau stated that staff is recommending that
the vehicles be prohibited in the City for safety reasons.
City Attorney Burnham stated that the prohibition only applies to public
streets and property from Coast Highway towards the ocean, and not to
areas inland of Coast Highway. He explained that the reason is that the
streets on the peninsula are smaller, narrower and more congested.
Darren Etem, 601 E. Balboa Blvd., owner of Balboa Bikes N Beach Stuff,
asked what the findings were that set forth the basis for the proposed
amendments. He stated that he has rented surreys for four years and has
never been made aware of such findings. Referring to Section 1.0 of the
proposed ordinance, Mr. Etem asked if surreys had been involved in more
traffic incidents than other vehicles and noted he has never had an incident
with the renting of surreys in his four years of doing business. He added
that the exclusion of surreys from Newport Beach will undoubtedly persuade
families to go to a community that does offer the activity. Mr. Etem
concluded by stating that he was never told about the danger and hazards of
surreys when he opened his business in the City. He stated that the
proposal, if passed, will impact the well being of he and his family.
INDEX
Council Member Ridgeway asked Mr. Etem what other jurisdictions in the
coastal area allow surreys, particularly in Orange County. Mr. Etem stated
that he was aware of Huntington Beach allowing surreys on their
boardwalk, and recently learned that they are actually widening their
boardwalks. Mr. Etem added that his surrey renters must sign a form
indicating that they understand that surreys are only allowed on the streets
in Newport Beach. Per Council Member Ridgeway's question, Mr. Etem
stated that he does not rent to people who do not speak English and cannot
understand the paperwork. Mr. Etem added that renters must also be at
least eighteen years old. Council Member Ridgeway confirmed with
Mr. Etem that he has four surreys in his inventory and they are worth
$15,000.
Jack Pentlarge, 802 E. Yanonali, Santa Barbara, Wheel Fun Rentals, a
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October 24, 2000
INDEX
surrey distributor, stated that a small percentage of their surreys are sold in
the Newport Beach vicinity. Mr. Pentlarge asked that the City Council
approve a sixty -day extension for the item. He stated that he has been in
business for thirteen years and has worked with cities to develop programs
on how to make the surrey a safe vehicle to rent. He stated that his
company would like to help teach the rental companies in Newport Beach
how to properly rent the vehicles. He stated that his company has been
successful in many cities.
Council Member Ridgeway asked for information on what is taught.
Mr. Pentlarge stated that rules and regulations are placed on the vehicles,
individuals under eighteen years of age are restricted from driving the
surrey, they supervise and police rental vehicle operators on weekends and
holidays and they instruct the operators on how to give the instructions to
the renters. Council Member Ridgeway asked how the rules and regulations
are enforced. Mr. Pentlarge stated that, in some instances, the parents have
been fined. Council Member Ridgeway confirmed with Mr. Pentlarge that it
might possibly require the Police Department to follow through on the
enforcement. Mr. Pentlarge added that it's proper and clear instruction to
the renters that will usually deter any illegal activity.
Council Member Ridgeway stated that the City already has an ordinance
that disallows the vehicles on the boardwalk, and that enforcement is
difficult because the Police Department has other issues to deal with.
Additionally, many of the citations are given to foreigners who never show
up following the issuance of the citation.
Mayor Pro Tem Adams confirmed with Mr. Pentlarge that his business is to
sell the vehicles to the rental companies. Mr. Pentlarge added that the
majority of their sales are to Disney World.
Jim Hildreth, 120 The Grand Canal, stated that if the City wants to increase
revenue, it should not hesitate to issue citations. He added that the rental
companies should be able to provide information on how to track down the
individuals that rent the surreys. Mr. Hildreth stated that the Police
Department has plenty of manpower to enforce the ordinance. He concluded
by stating the surreys on the streets would actually slow traffic down on the
peninsula.
Joe Klure, owner of a surrey business at 207 Palm Street, stated that he
agreed with many of the comments made by the previous business owners.
He asked if there would be any reparation made to the business owners, if
the amendment passes, to assist them with loss of income or relocation.
City Manager Bludau stated that staff is not making such a
recommendation.
Mr. Klure stated that he has been operating his business for over seven
years and has never had an incident of injury or accident. He concluded by
stating that previous speakers have already discussed many of the other
issues he was going to bring up.
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October 24, 2000
INDEX
Council Member Debay asked about the increased complaints received by
the City, as mentioned in the staff report. City Attorney Burnham
responded by stating that the Risk Manager has processed claims involving
surrey cycles.
Mayor Pro Tem Adams confirmed that there are three operators of surreys
in the City. He pointed out that two of the three have reported at the
current meeting that they have had no incidents. Mayor Pro Tem Adams
suggested that the responsible business owners should not be penalized.
Council Member Ridgeway stated that the surrey operators may have no
reported incidents, but it doesn't mean that there have been no incidents.
He stated that the people that are hurt are those on the boardwalk and they
often go to Hoag Hospital or home for treatment. He added that the
boardwalks are very narrow. Public Works Director Webb confirmed that
the boardwalks are ten to twelve feet wide. Council Member Ridgeway
stated that the surreys are probably 3 1/2 feet wide. He admitted that the
enforcement of the surreys on the boardwalk is not done very well. He
stated that the Police Department has other priorities, but he knows that the
people who live on the boardwalk are affected.
Mayor Pro Tem Adams stated that the proposed amendment may be the
solution, but added that the findings mentioned in the report need to be
provided before taking such a drastic step. He suggested that possibly the
industry should be given the opportunity to solve the problem first. He
asked if other solutions had been sought prior to the proposed amendment.
Council Member Ridgeway agreed that the findings should be provided, but
that, regardless, surreys are a problem and the operators do not enforce the
ordinance prohibiting surreys on the boardwalk. He stated that he wouldn't
mind the issue being brought back to the City Council, but he knows the
solution will be the recommended action.
City Attorney Burnham added that enforcement of surreys on the boardwalk
is a problem but that if it is enforced, the surreys will go onto the streets. He
stated that the streets on the peninsula are narrow. He did confirm that
additional information and findings could be provided, and that his office
could meet with the operators.
Council Member Glover stated that she would like to see all of the
information received by the City on the issue. She stated that sometimes the
verbal testimony isn't backed up by what is really happening, and that it
would only be fair to be presented with the findings.
Alfieri Schinaia, surrey business owner, stated that he would lose everything
if he were to lose his business. He stated that his surrey business allows him
to pay his rent and put his daughter through school. He stated that the
surrey rental business helps the City by providing an activity used by the
tourists.
Mayor Noyes confirmed with Mr. Schinaia that he has six or seven surreys
in his business.
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INDEX
Motion by Council Member Ridgeway to continue the item for sixty
days; and direct staff to provide more information.
It was noted earlier by City Clerk Harkless that if adopted, the ordinance
would become effective thirty days from the date of adoption.
Mayor Pro Tem Adams asked if the industry could also be given the
opportunity to look at an alternative solution. City Attorney Burnham
stated that he could collect the names of those that spoke at the current
meeting and schedule a meeting to discuss alternative solutions. Mayor Pro
Tem Adams suggested that if the industry can't make it work, then the
proposed amendment could be reconsidered.
Council Member Ridgeway agreed to include the suggestion in his motion.
Mayor Noyes agreed that the people are in business and the City should be
sensitive to their concerns.
The amended motion carried by the following roll call vote:
Ayes: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes
Noes: None
Abstain: None
Absent: None
10. DESIGN OF IMPROVEMENTS FOR THE INTERSECTION OF
C -3369
JAMBOREE ROAD AND MACARTHUR BOULEVARD (C -8869) -
BA -008
APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH
Jamboree & MacArthur
KFM ENGINEERING.
Intersection
Improvements
City Manager Bludau stated that the professional services agreement with
(38140)
KFM Engineering, Inc. is for approximately $93,000 and pertains to a capital
improvement program which includes the widening of MacArthur
Boulevard.
Jim Hildreth, 120 The Grand Canal, stated that work being done on Bayside
Drive is being done prior to the undergrounding of utilities. He stated that
the City should consider the other things that might also be planned in the
future at Jamboree Road and MacArthur Boulevard. He cited an example of
Coast Highway and Jamboree Road being redone three times in three years.
Motion by Council Member O'Neil to approve a Professional Services
Agreement with KFM Engineering, Inc. of Foothill Ranch for professional
engineering services for a contract price of $93,285; authorize the transfer of
$37,000 from 7251- C5100584 to 7284- C5100584 to correctly identify the
funds as a component of the Measure M Combined Transportation Funding
Program (BA -008); and authorize a budget amendment (BA -008) to recognize
an additional $23,000 available to the City from the Measure M Combined
Transportation Funding Program.
The motion carried by the following roll call vote
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City of Newport Beach
City Council Minutes
October 24, 2000
Ayes: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes
Noes: None
Abstain: None
Absent: None
12. BALBOA BOULEVARD RECONSTRUCTION MAIN TO "G" STREET
(C -3176) - COMPLETION AND ACCEPTANCE.
City Manager Bludau stated that the project was completed and staff is
recommending that the City Council accept the work.
Jim Hildreth, 120 The Grand Canal, asked what overcoat was incurred with
the project. City Manager Bludau stated that change orders totaled
$76, 067.92.
Motion by Council Member O'Neil to accept the work; authorize the City
Clerk to file a Notice of Completion; authorize the City Clerk to release the
Labor and Materials bond 35 days after the Notice of Completion has been
recorded in accordance with applicable portions of the Civil Code; and
release the Faithful Performance Bond six months after Council acceptance.
The motion carried by the following roll call vote
Ayes: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes
Noes: None
Abstain: None
Absent: None
14. MAINTENANCE DREDGING PERMIT - SAMPLING AND ANALYSIS
OF HARBOR SEDIMENTS.
City Manager Bludau stated that the Coastal Commission required that the
City complete the sediment testing.
Jim Hildreth, 120 The Grand Canal, stated that the maintenance and
dredging permits of The Grand Canal did not include analysis of the eel
grass. He asked if the sediment analysis would take this into consideration.
Council Member Ridgeway stated that there is no testing for The Grand
Canal, and that the analysis is being limited to the south side of Lido Isle,
west side of Lido Channel, the Rhine Channel, south side of Balboa Island
and around Linda Isle.
Mayor Noyes further confirmed that it's the sampling that has to be done
pursuant to the Coastal Commission in order for the City to get its master
dredging permit.
Council Member Ridgeway added that it has nothing to do with eel grass and
only includes bio- assays studies. Mr. Hildreth asked why The Grand Canal
wasn't included. Council Member Ridgeway stated that the Coastal
Commission determined the areas that needed to be tested.
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INDEX
C -3176
Balboa Boulevard
Reconstruction
(38)
C -3381
Sampling & Analysis
Harbor Sediments
(38)
City of Newport Beach
City Council Minutes
October 24, 2000
Motion by Council Member O'Neil to authorize the Mayor to approve a
Professional Services Agreement with MEC Analytical Systems, Inc.,
Carlsbad, to complete a Sampling and Analysis of Newport Harbor
Sediments in the amount of $99,710.
The motion carried by the following roll call vote:
Ayes: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes
Noes: None
Abstain: None
Absent: None
18. GENERAL PLAN AMENDMENT 2000 -3 - REQUEST TO INITIATE
AMENDMENTS TO THE NEWPORT BEACH GENERAL PLAN AS
FOLLOWS: A) 4343 VON KARMAN AVENUE (KOLL DEVELOPMENT
COMPANY): A PROPOSAL TO INCREASE THE DEVELOPMENT
ALLOCATION FOR KOLL CENTER NEWPORT OFFICE SITE BY
2,160 SQUARE FEET TO ALLOW AN EXPANSION OF THE SECOND
FLOOR OF AN EXISTING BUILDING WITHIN THE TWO STORY
LOBBY; AND B) ONE UPPER NEWPORT PLAZA (O HILL
PARTNERS): A PROPOSAL TO INCREASE THE DEVELOPMENT
ALLOCATION FOR NEWPORT PLACE BLOCKS G & H (NEWPORT
PLACE PC INDUSTRIAL SITE 3A) TO ALLOW AN APPROXIMATE
440 SQ. FT. ADDITION TO AN EXISTING OFFICE BUILDING FOR A
FILE STORAGE ROOM.
Planning Director Temple stated that the item is one of three annual events
to initiate general plan amendments, as set forth by council policy. She
stated that the current event includes two items, which are fairly minor
requests in the airport area. She stated that approval by the City Council of
the staff recommendation would not constitute approval of the projects, but
would start the process and allow the applicants to file all follow -up
applications, prior to public hearings before the Planning Commission and
City Council.
Council Member Debay stated that at the City Council meeting of
October 10, 2000, she pulled the item to clarify what the effect of Measure S
would have on the projects, if it were currently in effect. Planning Director
Temple confirmed that staff has determined that six of the City's statistical
areas have reached certain thresholds based on general plan amendments
that have occurred over the past ten years. She stated that based on the
requirements of Measure S, both of the projects would require a vote of the
citizens. City Attorney Burnham stated that certain assumptions were made
prior to the analysis done by The Planning Center. He stated that one of the
assumptions was that traffic density and intensity of a proposed general
plan amendment would be added to those that have occurred in that
statistical area for the prior ten years. He stated that this assumption
combined with the requirements established for Measure S would require a
vote of the citizens on both of the projects before the City Council at the
current meeting.
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GPA 2000 -3
Koll Center/
Newport Place
(45)
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City Council Minutes
October 24, 2000
Allan Beek, 2007 Highland Drive, stated that 2,160 square feet is below the
measure's threshold of 40,000 square feet and, therefore, the project would
not require a vote of the citizens. He stated that when considering the
cumulative effect of Measure S, the project would still not require a vote of
the people, according to The Planning Center's analysis that the
accumulation would have been 23,000 square feet for that statistical area.
Mr. Beek stated that Measure S provides that the City Council will adopt the
guidelines for the implementation of Measure S. He stated that he feels that
the City Council will adopt guidelines that will produce the minimum
number of elections.
Motion by Council Member O'Neil to initiate the amendments to the
General Plan as recommended by the Planning Commission.
The motion carried by the following roll call vote:
Ayes: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes
Noes: None
Abstain: None
Absent: None
20. 323 MARINE AVENUE (OLD BALBOA ISLAND FIRE STATION) -
PROPOSED COMMUNITY CENTER - CITY PARTICIPATION.
City Manager Bludau stated that the Balboa Island Museum and Historical
Society is requesting that the City contribute towards the purchase of the old
Balboa Island Fire Station property. He stated that the staff
recommendation is to allocate up to $350,000, once the Society has received
binding pledges in the amount of $650,000.
Jim Hildreth, 120 The Grand Canal, stated that the residents of Balboa
Island and Little Balboa Island understand that the structure cannot be sold
because it is structurally unsound. He asked if the City was aware of this.
Mayor Noyes stated that the City was aware of it.
Motion by Council Member Ridgeway to approve, in concept, the
acquisition of the Property by the Society for purposes of creating a
community center /museum; direct staff to prepare an agreement that would
obligate the City Council to contribute up to $350,000 to the Society subject
to certain terms and conditions including: the Society has funds and/or
binding pledges amounting to $650,000; the City Council's allocation of
$350,000 in the then current budget for purposes of funding the community
center /museum; and the right of the City to ensure that the property
continues to be used as a community center /museum unless the City
consents to a different use; and direct staff to prepare a budget amendment
consistent with the funding commitment specified in Section 2.
The motion carried by the following roll call vote:
Ayes: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes
Noes: None
Volume 53 - Page 657
INDEX
C -3386
323 Marine Avenue
Community Center
(Old Balboa Island
Fire Station)
(38)
City of Newport Beach
City Council Minutes
October 24, 2000
Abstain: None
Absent: None
PUBLIC COMMENTS
Ernest Lee, 14591 Laurel Avenue, Irvine, California Public Interest
Research Group ( CALPIRG), stated that CALPIRG is working to endorse the
Zero - Emission Vehicle (ZEV) Program, which would require car
manufacturers to have 10% of their new fleet cars sold in California to be
zero - emission by 2003. He asked the City to endorse the ZEV Program by
writing a letter to Governor Davis.
Mayor Noyes asked that Mr. Lee leave his information and discuss the
request with the City Manager.
W. R. Dildine, P. O. Box 1195, Lompoc, stated that he owns property at 320
E. Balboa Blvd. and is impressed with the work being done in the Central
Balboa Peninsula area. He stated that he is, however, bothered by the
telephone company building. He stated that it has weeds, is an eyesore and
appears to be abandoned. He suggested that the City initiate written
communication with the phone company and copy the individual Public
Utilities Commission (PUC) members. Mr. Dildine stated that another
remedy might be to work with an organization, who could make it a
community project,
Mayor Noyes stated that Tom Hyans, President of the Central Newport
Beach Community Association, has attempted to make contact with the
phone company.
Council Member Ridgeway additionally reported that he has personally met
with the phone company. He stated that elevation studies are being done
and various ideas are being discussed. He stated that he has met with the
facilities manager for the phone company and they have agreed to cleanup
the property. Council Member Ridgeway stated that he has been remiss in
following up on what has been done and thanked Mr. Dildine for
commenting on the subject. Mr. Dildine suggested that written
communication copying the PUC should still be sent.
Mr. Lee stated that, when he spoke earlier, he forgot to mention that the
ZEV Program has passed the Air Resources Board, unanimously. He stated
that Governor Davis should be making his decision shortly after the
November 7, 2000, election.
Jim Hildreth, 120 The Grand Canal, stated that the audio in the rebroadcast
of the October 10, 2000, City Council meeting was garbled. He also
commented on the police officers that were present at the meeting and hoped
they were there for security reasons and not for intimidation. Mr. Hildreth
thanked the City Attorney for trying to have the platform with steps allowed
for residential pier #80100011. He stated that he does not agree with having
standard drawing #603 removed and a City - installed structure put in its
place. He stated that he and his family will not be held liable for any
injuries from the City's action. Mr. Hildreth additionally commented on
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INDEX
CALPIRG
(28)
City of Newport Beach
City Council Minutes
October 24, 2000
INDEX
statements made by City staff and City Council regarding a moratorium and
enforcement.
PUBLIC HEARINGS
21. BALBOA PENINSULA SIGN REGULATIONS.
Ord 2000 -22
PCA 907
Assistant City Manager Wood stated that new sign regulations for the
Balboa Peninsula
peninsula were identified as a high priority by the City Council when the
Sign Regulations
Balboa Peninsula Planning Study was presented a couple years prior. She
(94)
stated that Urban Design Studio was selected as the firm to assist the City
with preparing the new regulations. She stated that they were selected
because they felt that the regulations should recognize the area's historical
and eclectic nature, and they were also familiar with outreach methods.
Assistant City Manager Wood stated that the process was begun with a
visual preference survey, where residents and businesses were given the
opportunity to vote on various signs. She stated that the responses were
used a great deal in developing the regulations. She added that a Steering
Committee was also utilized in looking at and editing the draft regulations.
Assistant City Manager Wood stated that the regulations were then
discussed at a public workshop and an Ad Hoc Committee to Promote the
Revitalization of the Balboa Peninsula (PROP) meeting, followed by public
hearings at the Planning Commission and, now, the City Council.
Assistant City Manager Wood stated that it is proposed that the regulations
be adopted as an overlay district, which would mean that they would apply
only to the Balboa Peninsula. Additionally, she stated that an amortization
program is being proposed. She stated that the amortization program would
follow state law with regards to allowing fifteen years for current signs, even
if they are nonconforming, and would also provide some financial assistance
for those that replace their signs sooner.
Assistant City Manager Wood introduced Mark Brodeur of Urban Design
Studios. Mr. Brodeur stated that he was happy to be present at the current
meeting to present the new regulations. He stated that it has taken awhile
and referred to ordinances written in the 1960's that were applied to cities,
Citywide. Mr. Brodeur stated that the peninsula, for example, should not
include signs that you would find on a roadway with vehicles traveling at
higher speeds.
Mr. Brodeur stated that approximately 2 1/2 years ago, a process was begun
to create an ordinance that encourages creative, fun and well designed signs.
He stated that the ordinance also recognizes that many of the businesses on
the peninsula are small and independently owned. He stated that a new
process was also created to look at signs that are possibly prohibited
elsewhere in the City, but would work well on the peninsula.
Using a PowerPoint presentation, Mr. Brodeur stated that signs that will be
prohibited on the peninsula include internally illuminated can signs, which
are plastic cabinets with florescent lights behind. He stated that other signs
that will be disallowed include inflated display signs and vehicle signs.
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INDEX
Mr. Brodeur showed examples of these signs as well as signs that will be
allowed, which include ground signs, roof signs, wall signs, directories,
projecting and under canopy signs, awning signs and window signs.
In addition to what signs are permitted and what signs are prohibited,
Mr. Brodeur stated that a series of design guidelines was also written in an
attempt to help the individual storeowners and to ensure that it works with
the aesthetics of the peninsula. He stated that the design guidelines include
guidelines for color, materials, legibility and illumination. Mr. Brodeur
stated that the creative sign program encourages signs that provide unique
inventiveness or spirit for the peninsula. It allows business owners to
request approval for a sign permit that may not fit all of the exact standards
and permitted uses. It uses a variance -type process for signs that meet
criteria for design, contextual and architectural features.
Mr. Brodeur stated that an amortization program has been used successfully
by other cities. It sets a horizon year, of usually fifteen years, when all
nonconforming signs must be removed. He stated that the sign amortization
help, or incentive, program uses funds to buy down the cost for the
replacement of the nonconforming signs. Mr. Brodeau explained how the
incentives to participate are greater in the earlier years of the program.
Per Council Member Glover's inquiry, Assistant City Manager Wood
explained that the item was not budgeted as part of the overall capital
project, but was budgeted for as its own capital project.
Council Member Ridgeway stated his support for the program, but added
that he is opposed to roof signs and thought that they had been discussed.
Mr. Brodeur recalled that roof signs were kept in the prohibited category,
but would be eligible for the creative sign program. Assistant City Manager
Wood additionally clarified that roof signs are not permitted by parcels using
ground signs and are only permitted through the creative sign program.
Council Member Ridgeway stated his concern for Cannery Village, but
agreed that it would work through the creative sign program.
Mayor Noyes opened the public hearing.
Tom Hyans, President of the Central Newport Beach Community
Association, thanked the City Council for the opportunity to participate in
the program. He stated that it has been a long, worthwhile process with a
lot of public input. Mr. Hyans added, however, that the amortization
program of fifteen years seems too long and he'd like to see it accelerated a
bit.
Council Member Ridgeway stated that the amortization program is
relatively quick, explaining that the paid incentives are only offered during
the first five to six years.
W. R. Dildine, P. O. Box 1195, Lompoc, property owner of 320 E. Balboa
Blvd., stated that he is concerned about the nonconforming uses of signs on
the peninsula. He stated that his property is zoned as R -2, but that since the
Central Balboa Specific Plan has gone into effect, signs have been added and
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City Council Minutes
October 24, 2000
INDEX
the signs across from his property are obnoxious. Mr. Dildine stated that
R -2 properties and nonconforming uses of signs should be addressed in the
Specific Plan. He stated that some of the signs in the 300 and 400 block of
Balboa Boulevard shouldn't even need to be on all night, and particularly in
a residential area.
Mayor Noyes asked if hours of illumination was discussed in the ordinance.
Assistant City Manager Wood stated that it hadn't been addressed.
Council Member Ridgeway stated that possibly the amortization period
should be shortened to ten years. Assistant City Manager Wood stated that
State Law requires fifteen. She added, however, that a fairly large
percentage of signs are not allowed under the current ordinance and code
enforcement could begin on those immediately. She stated that enforcement
was held up until the new sign ordinance was adopted.
Mayor Pro Tem Adams asked if anyone had been notified of nonconforming
signs yet. Assistant City Manager Wood stated that they have not been
notified pending approval of the new regulations and another survey that
will then be conducted. Mayor Pro Tem Adams asked if the hours of
illumination had been discussed. Mr. Brodeur stated that he has written
about twenty ordinances and has never had the issue of hours of operation
included. He stated that the situation presented is unique in that a dwelling
unit is so close to a business. Mayor Pro Tem Adams stated that the signs
that are a problem at night are probably going to be those that are
nonconforming anyway.
Council Member Ridgeway stated that most retailers like to keep their lights
on late, but he does think that the described situation is unique because R -2
is located so closely to commercial. Senior Planner Patrick Alford stated that
the existing sign ordinance does have a section dealing with sign
illumination, but that it addresses brightness only, and not hours of
operation.
Mayor Noyes stated that the hours of illumination should be considered.
Mr. Dildine stated that the situation he was discussing involves two R-2
properties. Additionally, he asked who receives the surveys that were
mentioned earlier. He stated that he has received little information on the
topic.
Hearing no further testimony, Mayor Noyes closed the public hearing.
Motion by Council Member Ridgeway to introduce Ordinance
No. 2000 -22 approving Amendment 907 and pass to second reading on
November 14, 2000.
Council Member Ridgeway reminded everyone that hundreds of hours were
put into the effort by numerous citizens on the peninsula. He stated that it
will most likely be a guide for future overlays in the City. He complimented
the citizens and staff.
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City Council Minutes
October 24, 2000
INDEX
The motion carried by the following roll call vote:
Ayes: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes
Noes: None
Abstain: None
Absent: None
CONTINUED BUSINESS
22. CONVERSION OF SAN JOAQUIN RESERVOIR (SJR) AND 1996 San Joaquin Reservoir
BASIC INTEGRATED RE -USE PROJECT AGREEMENT ( BIRPA) (89)
(contd. from 9/26/00).
Deputy City Manager Kiff stated that the item was discussed at the City
Council meeting of September 26, 2000. He reminded everyone that the San
Joaquin Reservoir is a 3,000 acre -foot reservoir located just outside the City
limits between the Harbor Ridge and Rivage communities. Additionally, he
stated that at the September meeting, the City Council directed staff to
allow the Environmental Quality Affairs Citizens Advisory Committee
(EQAC) the opportunity to review the Mitigated Negative Declaration on the
reservoir's conversion to a reclaimed water facility and to have the chairman
present a report to the City Council on their findings. Additionally, it was
requested that the City work with the Irvine Ranch Water District (IRWD)
to extend the comment period for the Mitigated Negative Declaration, work
with EQAC on the Committee's comments and work with the Regional
Water Quality Control Board on the Board's ability to adopt or change a
National Pollutant Discharge and Elimination System (NPDES) order,
Order 94 -22. Lastly, the City Council directed the City Attorney to meet
with the IRWD Attorney regarding a binding agreement that would prohibit
reclaimed water discharges into the bay.
Since that meeting, Deputy City Manager Kiff stated that he and Planning
Director Temple have worked with EQAC on their comments, and that those
were included with the staff report. IRWD agreed to have the comment
period extended an additional two weeks. Additionally, he stated that the
City communicated with the Regional Board. In regards to a binding
agreement, staff was made aware of the 1996 Basic Integrated Re -Use
Project Agreement ( BIRPA). He stated that BIRPA is a three -party
agreement signed by IRWD, the City and the Orange County Water District
(OCWD). He stated that it has a concluding section that directs the City and
IRWD to use their best efforts to reach agreement on ways to beneficially use
reclaimed water without the discharge of the water into San Diego Creek or
Newport Bay. He stated that BIRPA bound the parties to do several things
and if all of these things were done, it required that best efforts be made to
reach a point where IRWD would never have to discharge into the bay.
Deputy City Manager Kiff stated that the City Attorney and an outside
attorney specializing in water issues both confirmed that BIRPA is binding.
Deputy City Manager Kiff additionally reminded everyone that it has not
been proposed to discharge water from the San Joaquin Reservoir, but that
at the September meeting, Order 94 -22 was discussed, which allows
discharges during large rain events from a reservoir other than San Joaquin.
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City Council Minutes
October 24, 2000
Deputy City Manager Kiff stated
Order 94 -22, but the order cannot be
the region's basin plan is completed.
that IRWD has applied to renew
approved by the Regional Board until
Deputy City Manager Kiff concluded by stating that BIRPA combined with
the conversion of the reservoir provides the win/win situation that the City
has been looking for.
Robert Hawkins, Chairman of EQAC, thanked the City Council for the
opportunity to comment on the Draft Mitigated Negative Declaration. He
stated that the comments are directed to IRWD and have already been
released to them. In summation, Mr. Hawkins stated that EQAC feels that
the Negative Declaration is insufficient to support the findings. He stated
that an Environmental Impact Report (EIR) is necessary because the
Negative Declaration does not meet the legal standards. Mr. Hawkins
stated that the California Environmental Quality Act (CEQA) requires that
a Negative Declaration show that there are clearly no significant impacts.
He stated that this standard has not been reached with IRWD's Negative
Declaration.
Mr. Hawkins stated that one of the major impacts is that the project more
than doubles the capacity of the reclaimed water system. He stated that this
would free up potable water supplies, which means that the project
threatens to have growth inducing impacts. He stated that the document
does not even attempt to analyze this potential impact. Additionally,
Mr. Hawkins stated that some of the impacts recognized in the Negative
Declaration have mitigation and studies deferred. He stated that the issue
of seepage is an example of this. He stated that seepage is addressed as a
potential impact in the document, but that the extent of the impacts and the
mitigation of these impacts have been deferred to a later time. Lastly,
Mr. Hawkins stated that the Negative Declaration states that if an impact is
short -term, it won't be significant. He stated that, again, EQAC disagrees
with this.
Council Member Thomson asked for a clarification of the seepage issue and
the makeup of the reservoir and dam. Mr. Hawkins stated that the seepage
issue is not clear, but that the potential is there. He stated that EQAC's
problem is that the mitigation of any potential seepage is not addressed.
INDEX
Mike Hoolihan, IRWD, Project Manager for the conversion, stated that the
San Joaquin Reservoir is clay lined and designed to have little seepage, but
that there will always be some seepage. He stated that the reservoir has a
drainage system built behind the clay liners and the dam has a barrier that
does not allow seepage.
Council Member Thomson asked how much seepage is expected.
Mr. Hoolihan stated that IRWD went back to Metropolitan Water District's
(MWD) records and found that it has reached 150 gallons per minute. He
stated that it was unclear if this was just reservoir seepage or if it included
neighboring properties draining into the storm drains on the reservoir site.
He added that IRWD had originally planned to build a structure that would
capture the seepage, but a CEQA consultant advised them that the action
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October 24, 2000
INDEX
might result in a negative impact because of the habitats in the stream areas
below the reservoir. Council Member Thomson confirmed with Mr. Hoolihan
that the San Joaquin Reservoir's capacity is 3,000 acre feet, or
approximately one billion gallons.
Mayor Pro Tem Adams mentioned Defend the Bay's attorney's opinion that
the City of Newport Beach is the responsible agency, making it
inappropriate for the City to approve the sale of its share of the reservoir
prior to required environmental clearance. He confirmed with City Attorney
Burnham that staff now concurs with that opinion and has made
recommendations accordingly. He stated that he also consulted with
Clem Shuts, an environmental lawyer.
Deputy City Manager Kiff stated that he has made five recommended
actions. In summary, he stated that these include that the City Council
support, in concept, the conversion of the San Joaquin Reservoir to a
reclaimed water storage facility provided that the facility is operated
correctly, and authorize the City Manager and City Attorney to execute all
documents necessary to consummate the sale of the City's ownership
interests in the San Joaquin Reservoir to IRWD when the environmental
document for the project has been certified and the City has complied with
its CEQA obligations as a responsible agency.
Council Member Glover confirmed with City Attorney Burnham that the
environmental document certification would include an EIR, if needed. City
Attorney Burnham added that the City, as a responsible agency, has various
powers and responsibilities, depending upon the nature and type of
environmental documentation that IRWD prepares. Council Member Glover
additionally confirmed with City Attorney Burnham that the City's primary
responsibility as a responsible agency is to comment on the EIR, if one is
prepared. He added that if the City finds that the EIR is inadequate, it has
the obligation to litigate the adequacy of the document.
Deputy City Manager Kiff continued listing the recommended actions and
stated that they include the appointment of Council Members Ridgeway and
Debay to meet with representatives of IRWD to address and resolve any
remaining issues regarding the long -term "no discharge" scenario referenced
in Section 6 of BIRPA, and assuming completion of the sale of the City's
interest in the San Joaquin Reservoir, directing the City Manager to use the
proceeds to implement provisions of BIRPA. Deputy City Manager Kiff
stated that a fifth recommendation, not included in the staff report, is to find
that EQAC's comments, including the recommendation that IRWD prepare a
full EIR, be deemed as the City's official comments.
Clint Hoose, President, Harbor Ridge Homeowners Association, urged the
City Council to support the staff recommendations that have been presented.
He stated that the residents in the area are ready to have the blue water
view returned. He stated that IRWD has agreed to involve Harbor Ridge in
the planning, design and operation of the reservoir.
Robert Caustin, 471 Old Newport Blvd., Defend the Bay, stated that if the
City Council goes forward with the staff recommendation, they are saying
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October 24, 2000
INDEX
that they don't care about the impacts of the project. He stated that the City
Council may have the opportunity to challenge certain parts of the EIR in
the future, but that IRWD will be in charge of certifying the EIR. He cited
an example of an EIR that IRWD approved in 1996 that was detrimental to
Newport Bay. Mr. Caustin stated that the reservoir conversion has many
problems. He specifically mentioned the seepage issue. He also referenced
the expiration date of BIRPA, which is in approximately eleven years. He
stated that this does not provide for a "no discharge" scenario in the long-
term. Mr. Caustin stated that he has been fighting IRWD's plans to dump
treated sewage into Newport Bay for five years.
Per Mayor Noyes' request, City Attorney Burnham clarified that the term of
BIRPA is to 2011, but it does not limit the term of the "no discharge"
agreement. Additionally, City Attorney Burnham pointed out that the
project is not a project involving the discharge of reclaimed water.
Mr. Caustin stated that the seepage of the water will eventually make its
way to Newport Bay.
Council Member Debay stated that the reclaimed water will eventually be
used to water landscaping. Mr. Caustin stated that reclaimed water is high
in nutrients and would be a detrimental influence to Newport Bay. Council
Member Debay stated the reclaimed water will exit the San Joaquin
Reservoir through pipes and be used to water landscaping. Mr. Caustin
stated that there are still problems with the project. Council Member Debay
stated that landscape watering could also be considered seepage since it goes
into the ground. She asked for a clarification of the difference between the
seepage from the reservoir and the seepage from the landscape watering.
Mr. Caustin explained that the root systems of plants absorb some of the
nutrients from the water when it is used for landscape watering.
Mayor Pro Tem Adams stated that he was also concerned about the seepage
issue and will be interested in seeing how it is addressed in the EIR, but that
he also understands that IRWD has the ability to collect the seepage and
return it to the reservoir.
City Attorney Burnham stated that he also understands that IRWD has the
ability to do that, but that it presents another problem by drying up the
riparian area that exists below the dam. He stated that it is an issue that
needs to be addressed by IRWD in an EIR.
In reference to the recommended actions, Mayor Pro Tem Adams suggested
that the EIR should come back to the City Council and that the
authorization for the sale of the reservoir should not occur until it is
determined by the City that the EIR is adequate. Additionally, he suggested
that EQAC should have the opportunity to review the EIR. City Attorney
Burnham stated that a responsibility of a responsible agency would be to
review the EIR and agreed that Mayor Pro Tem Adams' suggestions could be
included in the recommended actions.
Council Member Glover stated that an EIR should be prepared, with
mitigation measures in place ahead of time. Secondly, Council Member
Glover asked if the City Attorney attempted to work with IRWD on
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INDEX
obtaining an MOU. Deputy City Manager Kiff stated that staff did meet
with IRWD, but that the City believes that Section 6 of the 1996 agreement
is as strong as anything that could be obtained in an MOU. Council Member
Glover stated that she would still like to see IRWD concur.
Jack Skinner, 1724 Highland Drive, stated that he spoke at the meeting on
September 26, 2000, and, at that time, was concerned about reaching a
binding agreement with IRWD. He stated that the use of reclaimed water in
Southern California is important and that the San Joaquin Reservoir makes
sense for the storage of reclaimed water. Mr. Skinner began a review of the
Green Acres Project by stating that in 1996, Don Owens of the OCWD Board
of Directors informed him that a direct line from IRWD was planned so that
reclaimed water could be moved to Fountain Valley. Mr. Skinner stated that
on July 17, 1996, OCWD, the County Sanitation District of Orange County
(CSDOC), the City and IRWD got together and made the agreement called
BIRPA. He stated that the involved parties had their doubts that all of the
requirements for the agreement would be achievable. He stated that the
agreements and the tasks that were required of each of the agencies seemed
insurmountable. Mr. Skinner reported, however, that approximately two
months ago, the last part of the agreement was completed. He stated that it
is now possible to say that Section 6 of the agreement is consummated and
provides a binding agreement for a "no discharge" scenario into the bay.
Mr. Skinner stated that he is now more comfortable with the reservoir
conversion project. He stated that he'd like to see BIRPA effective for a
longer period of time, but that the water issues are changing and there is
time to work out a continued agreement for "no discharge ".
Council Member Glover confirmed with Mr. Skinner that IRWD's legal
counsel should agree that Section 6 is in place because all of the
requirements of the agreement have been completed. Council Member
Glover again asked that the City Attorney meet with the IRWD attorney and
get something on paper that they agree with that opinion. Mr. Skinner
stated that it didn't look like Order 94 -22 was going to accomplish the goal
for a "no discharge" scenario, but that Section 6 does and it was only recently
discovered that the requirements of the agreement had been met.
Council Member Debay thanked Mr. Skinner for his time and caring.
Additionally, she confirmed with Mr. Skinner that he supports the
recommended actions.
Jim Magstadt, 40 Vienna, resident of Harbor Ridge, stated his support for
the recommended actions. He stated that the residents in the community
have been very patient as they've watched a beautiful amenity disappear.
He stated that the City Council's support would turn a deteriorating area
into a positive amenity for the community, at no cost to the City.
Mr. Hoose stated that staffs second recommendation should address the
concerns of Council Members Glover and Ridgeway regarding EIR
qualifications. He stated that the law is clear, administered by the State,
and requires that IRWD has to comply with the ordinance.
Mayor Pro Tem Adams stated that he doesn't want to do anything that will
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delay the project, but the City is the one asking for the EIR and the City
should review the final certified EIR before making a decision on the sale of
the reservoir. He stated that the second recommendation is not saying that.
Mr. Caustin stated that eleven years is not long enough and he agrees with
Council Member Glover's recommendation.
Motion by Council Member Ridgeway to support, in concept, the
conversion of the San Joaquin Reservoir to a reclaimed water storage facility
provided that the facility is operated in a manner that reduces or eliminates
any potential adverse odor or aesthetic impact from the operation of the
facility on adjacent residential communities; authorize the City Manager and
City Attorney to execute all documents necessary to consummate the sale of
the City's ownership interests in the San Joaquin Reservoir to IRWD when
the environmental document for the project has been certified, the City has
complied with its obligations as a responsible agency, pursuant to CEQA;
request Council Members Ridgeway and Debay to meet with representatives
of IRWD to address and resolve any remaining issues regarding the long-
term "no discharge" scenario referenced in Section 6 of BIRPA and report to
the City Council; assuming completion of the sale of the City's interest in the
San Joaquin Reservoir, direct the City Manager to use the proceeds to
implement provisions of BIRPA or to address issues related to reclaimed
water discharges; and confirm that EQAC's comments represent the City's
official comments.
Council Member Ridgeway stated that the City Council and staff want to see
Order 94 -22 continue. He stated that they are also dedicated to making sure
that the agreement is longer than eleven years and that a "no discharge"
scenario is achieved. Council Member Ridgeway stated that everyone is
working towards the same goal and they will work with IRWD to obtain
their agreement as well.
Mayor Pro Tem Adams asked if the second action in the motion could be
amended. City Attorney Burnham stated that one of the obligations of the
City, as a responsible agency, is to have the City Council review the EIR.
Mayor Pro Tem Adams stated that that the City's approval of the sale should
be contingent upon the City Council's satisfaction that the final EIR is
adequate. He stated that he doesn't want to give staff the authority to
execute the document before the City Council has had a chance to review the
EIR.
Council Member Thomson asked about the "no discharge" agreement
INDEX
Council Member Ridgeway stated that it is addressed in the BIRPA
agreement, all conditions have been complied with and Section 6 is
enforceable, as stated earlier in the current meeting.
Council Member Thomson stated that the fuzzy language should be removed
from the document. He cited the use of "best efforts" as an example.
Council Member Ridgeway stated that the City is not in the position to
change the BIRPA agreement.
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Council Member Ridgeway clarified that his motion does require that the
EIR be brought back to the City Council.
Mayor Pro Tem Adams stated that he didn't think the motion still had what
he was looking for.
City Attorney Burnham stated that language could be added to the second
action to state, "including City Council review and approval of the
environmental document ".
Council Member Ridgeway agreed to amend his motion.
Referring to the third action in the motion, Council Member Glover stated
that if BIRPA fulfills what the City is trying achieve, then there should be
nothing else to negotiate. She stated that the only thing that is needed is for
the City Attorney and the IRWD attorney to agree upon that.
Council Member Ridgeway agreed and stated that the intent is to have the
City deliver the message to IRWD that the requirements of BIRPA have
been met.
Council Member Glover suggested that "any remaining issues" be removed
from the third action in the motion.
City Attorney Burnham stated that Section 6 of BIRPA discusses, three
principal issues, which include the connection to the outfall that's been
constructed, and a diversion facility that allows IRWD to irrigate the duck
ponds, which has also been constructed. He stated that the third issue is
related to resolving summertime diversions and monitoring. City Attorney
Burnham stated that the third issue has yet to be discussed. He suggested
that the wording in the third action remain as is.
Council Member Ridgeway agreed and noted that Paul Jones, General
Manager of IRWD, mentioned in one of the initial negotiating meetings that
a written agreement for a "no discharge" was already in place, referring to
BIRPA. Council Member Ridgeway added that there will continue to be
greater demand for reclaimed water in the future and not less.
The amended motion carried by the following roll call vote
Ayes: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes
Noes: None
Abstain: None
Absent: None
MOTION FOR RECONSIDERATION - None
ADJOURNMENT - at 10:00 n.m.
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The agenda for the Regular Meeting was posted on October 18, 2000, at
5:20 p.m. on the City Hall Bulletin Board located outside of the City of
Newport Beach Administration Building.
City Clerk
Recording Secretary
Mayor
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